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Employment Relations Act 1999

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This is the original version (as it was originally enacted).

18Agreement to exclude dismissal rights

This section has no associated Explanatory Notes

(1)In section 197 of the [1996 c. 18.] Employment Rights Act 1996 (fixed-term contracts) subsections (1) and (2) (agreement to exclude unfair dismissal provisions) shall be omitted; and subsections (2) to (5) below shall have effect in consequence.

(2)In sections 44(4), 46(2), 47(2), 47A(2) and 47B(2) of that Act—

(a)the words from the beginning to “the dismissal,” shall be omitted, and

(b)for “that Part” there shall be substituted “Part X”.

(3)In section 45A(4) of that Act the words from “, unless” to the end shall be omitted.

(4)In section 23 of the [1998 c. 39.] National Minimum Wage Act 1998, for subsection (4) there shall be substituted—

(4)This section does not apply where the detriment in question amounts to dismissal within the meaning of—

(a)Part X of the Employment Rights Act 1996 (unfair dismissal), or

(b)Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

except where in relation to Northern Ireland the person in question is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal.

(5)In paragraph 1 of Schedule 3 to the [1999 c. 10.] Tax Credits Act 1999, for sub-paragraph (3) there shall be substituted—

(3)This paragraph does not apply where the detriment in question amounts to dismissal within the meaning of—

(a)Part X of the Employment Rights Act 1996 (unfair dismissal), or

(b)Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

except where in relation to Northern Ireland the employee is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal.

(6)Section 197(1) of the [1996 c. 18.] Employment Rights Act 1996 does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of section 99 or 104 of that Act (pregnancy and childbirth, and assertion of statutory right).

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